Chapter 1-6 Flashcards

Question

Ordinances

Answer 1

-Laws enacted by local governing bodies such as city councils and county commissions

Answer 2

-The power of government to legislate to protect public health, safety, welfare, and morality

Answer 3

Published by the American Law Institute (ALI), the MPC consist of general provisions concerning criminal liability, sentences, defenses, and definitions of specific crimes

Answer 4

-Rules promulgated by courts of law under constitutional or statutory authority governing procedures for trials and other judicial proceedings

Answer 5

-The crime of making war against one's own government or giving aid and comfort to its enemies

Answer 6

-Retroactive laws that criminalize actions that were legal at the time they were performed or increased punishment for a criminal act after it was committed

Answer 7

-Legislative acts (Prohibited by the US Constitution) imposing punishment without trial upon persons deemed guilty of treason or felonies

Answer 8

-A written enumeration of basic rights, usually part of a written constitution ~For Example, the first ten amendments to the US Constitution

Answer 9

-Judicial tribunals, usually presided over by one judge, which conduct proceedings and trials in civil and criminal cases with or without a jury

Answer 10

-Judicial tribunals that review decisions from lower tribunals

Answer 11

-One of the principal functions of an appellate court -Often referred to as the law developed function

Answer 12

-The function of appellate courts in reviewing routine appeals and correcting the error of trial courts

Answer 13

-Law declared by appellate courts in their written decisions and opinions

Answer 14

-Procedural and substantive rights of citizens against government actions that threaten the denial of life, liberty, or property

Answer 15

-The requirement, stemming from due process, that the government provide adequate notice to a person before it deprives that person of life, liberty, or property

Answer 16

-A hearing in which both parties have a reasonable opportunity to be heard- to present evidence and make arguments to an impartial decision-maker

Answer 17

-In a criminal prosecution, a person accused of a crime is presumed innocent until proven guilty beyond a reasonable doubt

Answer 18

-The standard of proof used by a judge or jury to determine whether criminal charges against a defendant have been proven -The term "beyond a reasonable doubt" is often defined as "moral certainty."

Answer 19

-A formal document handed down by a grand jury accusing one or more persons of the commission of a crime or crimes

Answer 20

-A group of citizens convened either to conduct an investigation or to determine whether there is sufficient evidence to warrant the prosecution of an accused

Answer 21

-A document filed by a prosecutor under oath charging one or more persons with the commission of a crime

Answer 22

-An appearance before a court of law for the purpose of pleading to a criminal charge

Answer 23

-A trial in a court of law to determine the guilt or innocence of a person charged with a crime

Answer 24

-Rules promulgated by courts of law under constitutional or statutory authority governing procedures for trial and other judicial proceedings

Answer 25

-Legal rules governing the admissibility of evidence at trial

Answer 26

-Negotiations between a defendant and a prosecutor whereby the defendant agrees to plead guilty in exchange for some concession (such as a reduction in the number of charges brought)

Answer 27

-Capital punishment -A sentence to death for the commission of a crime

Answer 28

-Another term for imprisonment

Answer 29

-Sums of money that offenders are required to pay as punishment for the commission of crimes

Answer 30

-Conditional release of a convicted criminal in lieu of incarceration

Answer 31

-A program in which a first-time offender is afforded the opportunity to avoid criminal prosecution by participating in some specified treatment, counseling, or community service

Answer 32

-Programs designed to rehabilitate offenders. -The term is most commonly used in connection with alcohol or drug abuse rehabilitation

Answer 33

-Law is a formal means of social control -Rule of Law ~Persons can only be convicted of specified offenses against a law -Substantive and Procedural Criminal Law ~Substantive *Prohibits certain forms of conduct **Illegal drug use ~Procedural *Regulated enforcement of substantive law **Search and seizure

Answer 34

-Constitutional Supremacy ~US Constitution sets forth the powers of government, limits of those powers, and individual rights -Federalism ~Division of power between the federal government and the fifty state governments -Separation of Powers ~Independent branches of government *Legislative, Executive, and Judicial power -51 different statutes and governmental control from federal and state constitutions ~Each area will have a Legislative, Executive, and Judicial power to keep the checks and balances

Answer 35

-Actus Reus ~Wrongful Act *Committing a wrongful act **Battery *Failure to take action **Filing tax returns -Mens Rea ~criminal intent *Having formed the mental purpose to act *Intentionally committing a prohibited act *Exceptions are strict liability offenses **Crimes that do not require proof of the defendant's intent ***Selling liquor to minors -People should be held accountable for their actions, and we don't want to indite a person who did not have mens rea ~Motive is about why the criminal actions have, but in court does not care about the motive, unlike criminal shows portray *Courts care about the intent behind the actions, not the motive -Strict Liability ~Look only at the bad actions ~Does not care about the intent, only the actions *Typical misdemeanors or lower crimes

Answer 36

-Felonies ~Serious crimes ~Punishment can exceed one year of imprisonment *Drug trafficking, homicide ~Rip apart the fabric of society *Makes us sick in the pit of our stomach -Misdemeanors ~Less serious crimes ~Carry jail terms of less than one year *Petit theft, simple assault, battery -Not every jurisdictions will label crimes in the same manner

Answer 37

-Protection of persons against violence *murder, battery -Protection of property and economic interests *Trespassing, arson -Maintenance of standards of decency *Public intoxication, prostitution, gambling -Public health and the natural environment *No smoking signs, fishing and hunting violations -Public peace, order, and safety *Disorderly conduct, protest marches -National Security *Treason, terrorism -Honest and efficient administration of government and the justice system *Respect for the court system, unimpeded court system, bribery of judges, perjury

Answer 38

-Individuals are responsible for their actions ~Accountability is important *Imposing punishment -Some individuals are exempt from responsibility ~Lack the capacity to appreciate the wrongfulness of their actions *Children, mentally ill *Factors beyond individuals' control *Act may have been justified **Self-defense

Answer 39

-Torts ~Noncriminal wrongs or injuries *Wrongful death, trespass **Fines and compensation -Breaches of Contract ~Violation of the terms of an agreement -Overlap of criminal and civil law ~Randy Wrecker intentionally damages a house *Criminal **Punishment ***State/Gov. and defendant ***Penalty: Jail or prison *Civil **Compensation for the victims ***Plantif and respondent ***Penalty: Fines

Answer 40

-Mala in se ~Inherently wrong acts *Murder, robbery, arson ~Most societies fine it repulsive -Mala prohibita ~They are offenses only because they are so defined by the law *Prostitution, gambling, illegal drug use ~Reflect the cultural distinctions -Out of all harms, we have a section for all social harms, and then we have a section for criminal harms/activities ~Qusi-criminal ~Criminal law ~State agencies

Answer 41

-In 2012, two states (Colorado and Washington) legalized marijuana use -According to the federal law, marijuana use is illegal ~What does this disparity mean for people in Colorado and Washington? -Determine whether marijuana use falls under "mala in se" or "mala prohibita." *Mala prohibita *Why do you think marijuana use is a prohibited behavior, but alcohol use is not?

Answer 42

-Code of Hammurabi ~Regulated conduct in ancient Babylonia two thousand years before Christ -B.C. Draco ~"Draconian" law -Emperor Justinian ~Codification of Roman law -Napoleonic Code ~Napoleon Bonaparte codified civil and criminal law -Code law vs. common law ~Legislative law imposes on all citizens *Code Laws ~Individual cases (needs or responsibilities) *Common laws ~No system is one or the other; it is a mix of both code and common laws

Answer 43

-Basis of the American criminal law -Developed by the Norman kings after the Norman Conquest of 1066 ~Appointed royal judges who would set precedents ~Eventually a common body of law emerged *English Common law -State decisis ~Doctrine of following precedent -American adopted the English common law after it proclaimed independence from England in 1776

Answer 44

-State authorities ~State statutes ~Mala in se crimes -Local authorities ~Ordinances *Traffic offenses -Federal authorities ~Federal criminal law *Drug trafficking -Model Penal Code

Answer 45

-US Constitution ~Defines crimes ~Defines powers and limitations -Expressed powers and delegated power ~Limitations of what the government can and cannot do in the legal written documents -Extos Passo Laws ~Laws that were created that the government does not like making illegal, and they try to backtrack those who "broke" the new laws -Bill of Rights ~First ten amendments of the Constitution ~Limitations on the enactment and enforcement of laws -10th Amendment ~States and people that are in the state hold the power to add to the US Constitution *For state constitutions -State Constitutions ~Must be aware of limitations -The US Supreme Court struck down Ohio statute prohibiting "Criminal Syndicalism" ~The mere advocacy of violence to achieve political change *Brandenburg v. Ohio (1969) -Free Speech ~Protected as long as not inciting or producing imminent lawless action *KKK leader had conducted a televised rally characterized by threatening rhetoric -The US Supreme Court held that the right to trial by jury is applicable to defendants in state courts -Case: ~Gary Duncan was convicted of simple battery, a misdemeanor *Louisiana did not allow for trial by jury in these cases *US Supreme Court ruled that the 6th Amendment entitles criminal defendants to a jury trial **Duncan v. Louisiana (1968)

Answer 46

-Trial Courts (First appearance/ initial appearance) ~Original Jurisdiction ~Fact finding ~Applly settled law to established facts ~Impose sanctions ~Bound by constitutional provisions and principles -Appellate Courts (Apellet courts/ circuit courts) ~Review decisions made by trial courts ~Interpret federal and state constitutions ~Interpret statutes ~Interpret vague language *"Equal protection of the law" ~Follow precedent (Stare decisis) ~Lawmaking function ~Error correctional function

Answer 47

-Appendix A ~Access to the LAw through Legal Research -US Code Annotated (U.S.C.A) *A citation to 18 U.S.C.A 2101(a) defines "riot" -Court decisions cited in the text are almost always decisions of federal or state appellate courts ~Brandenburg v. Ohio *Shows the defendant petitioning for review and the state

Answer 48

-Due process of law ~Procedural and substantive rights of citizens -Fair notice ~Govenment must provide adequate notice before it deprives a person of life, liberty, or property -Fair Hearing ~Both parties have the right to be heard -Presumption of innocence -Reasonable doubt standard ~Moral certainty

Answer 49

-Indictment by a grand jury (federal) or information ~Accusation of the commission of a crime -Arraignment ~Defendant enters a plea *Guilty or not guilty -Criminal trial ~Only if the defendant pleads not guilty ~Trial is governed by rules of procedure and rules of evidence *Less than 5% of criminals go to trial -Sieve Effect ~Attrition of cases

Answer 50

-Death Penalty -Incarceration -Monetary fines -Probation -Restitution -Pretrial diversion -Treatment programs -The US Supreme Court struck down capital punishment for juvenile offenders ~Justice Kennedy argued that the decreasing frequency with which juvenile offenders were being sentenced to death was evidence of a national consensus against the juvenile death penalty *Juvenile death penalty is not considered cruel and unusual punishment and a violation of the Eighth Amendment

Answer 51

-State and federal governments are constrained not only by laws, but also by economic reality in fighting crime -Nation's prison system is filled beyond capacity -Discretion by Prosecutors and Judges -Constitutional protection versus individual rights

Answer 52

-Prison overcrowding is a problem across the US, but especially in CA, where several prisons housed twice as many inmates as they were built for. ~In fact, the US Supreme Court ruled that overcrowding was so substantial that it ordered CA to reduce prison overcrowding to 137.5% -Discuss the problems associated with prison overcrowding

Answer 53

-The constitutional distrubiution of government power and responsibility between the national government and the states

Answer 54

-An elected lawmaking body such as the Congress of the United States or a state assembly

Answer 55

-The national legislature of the United States, consisting of the Senate and the House of Representatives

Answer 56

-Generally applicable laws enacted by legislatures

Answer 57

-Powers explicitly granted to a government by its constitutions

Answer 58

-Powers not expressly granted to the government by a constitution but fairly implied by the document

Answer 59

-The comprehensive and systematic collection of federal laws currently in effect

Answer 60

-An annotated version of the United States Code. -The annotations include references to court decisions and other legal authorities

Answer 61

-Collection of laws enacted during a particular legislative session

Answer 62

-Rules developed by courts to determine the meaning of legislative acts

Answer 63

-The judicial docterine holding that if the meaning of a text is plain, a court may not interpret it but must simply apply it as written

Answer 64

-Rules govering the judicial interpretation of constitution, statutes, and other written insteruments

Answer 65

-The purpose the legislature sought to achieve in enacting a particular provision of law

Answer 66

-Doctrine of constitutional law holding unconstitutional legislation that fails to clearly inform the person of what is required or proscribed ~As a violation of due process

Answer 67

-An exclusion that can reasonably be inferred or assumed based on the purpose and intent of an ordinance, statute, or contract

Answer 68

-Law enforcement officers sworn to uphold the Constitution and laws of the US and of their own states

Answer 69

-The primary federal agency charged with investigating violations of federal criminal laws

Answer 70

-The department within the executive branch of the federal government that is headed by the Attorney General and staffed by US Attorneys

Answer 71

-Officers of the FBI with the power to make arrests and use force in the enforcement of federal law

Answer 72

-Security measures designes to protect computers and computer networks from unauthorized access

Answer 73

-Law enforcement officers of the US Department of Justice who are responsible for enforcing federal laws, enforcing federal court decisions, and effecting the transfer of federal prisoners

Answer 74

-The chief law enforcement officer of a county

Answer 75

-Agencies, established by municipalities and sometimes states, whose function is to enforce the criminal laws within their respective jurisdictions

Answer 76

-The police officer's function of keeping the peace, as distinct from enforcement of the law

Answer 77

-Style of police work that stresses the development of close ties between police officers and the community they serve

Answer 78

-A public official empowered to initiate criminal charges and conduct prosecutions

Answer 79

-The highest legal officer of a state or of the US

Answer 80

-Lawyers appointed by the president with consent of the US Senate to prosecute federal crimes in federal judicial districts

Answer 81

-A special prosecutor appointed to investigate and, if warranted, prosecute official misconduct

Answer 82

-State prosecutors

Answer 83

-A formal entry by a prosecutor who declines to proceed further in the prosecution of an offense ~Commonly called a nol pros

Answer 84

-Persons accused of crimes who cannot afford to retain private legal counsel and are therefore entitled to be represented by a public defender or a court-appointed lawyer

Answer 85

-Public officials who are attorneys and are responsible for defending indigent persons charged with crimes

Answer 86

-A lawyer who represents defendants in criminal cases

Answer 87

-A group of citizens convened for the purpose of deciding factual questions relevant to a civil or criminal case

Answer 88

-A group of citizens convened either to conduct an investigation or to determine whether there is sufficient evidence to warrant the prosecution of an accused

Answer 89

-A trial jury is usually composed of either six to twelve people

Answer 90

-An indictment handed down by a grand jury in a criminal case

Answer 91

-Decision of a grand jury not to return an indictment

Answer 92

-A formal document handed down by a grand jury accusing one or more people of the commission of a crime or crimes

Answer 93

-An accusatorial document filed under oath by a prosecutor charging a person with one or more violations of the criminal laws ~ similar to an indictment issued by a grand jury

Answer 94

-An open and public criminal trial held without unreasonable delay as required by the Sixth Amendment to the US Constitution

Answer 95

-Judicial tribunals usually presided over by one judge who conducts proceeding and trials in civil and criminal cases with or without a jury

Answer 96

-Judicial tribunals that review decisions from lower tribunals

Answer 97

-The authority of a court to hear and decide certain categories of legal disputes ~Jursidiction relates to the authority of a court over the person, subject matter, and geographical ares

Answer 98

-The principle trial courts in the federal judicial system, these courts sit in ninety-four geographical districts throughout the US

Answer 99

-Judicial tribunals consisting of three or more judges that review decisions of trial courts but that are subordinate to the final appellate tribunals

Answer 100

-The twelve intermediate appellate courts of appeal in the federal system that sits in specified geographical areas of the US and in which panels of appellate judges hear appeals in civil and criminal cases, primarily from the US District Courts

Answer 101

-A hearing in an appellate court in which all or a substantial number of the judges assigned to that court participate

Answer 102

-The highest court in the US, consisting of nine justices, that has jurisdiction to review, by appeal or writ of certiorari, the decisions of lower federal courts and many decisions of the highest courts of each state

Answer 103

-Order issued by appellate court to grant discretionary review of a case decided by a lower court

Answer 104

-Rules promulgated by courts of law under constitutional or statutory authority governing procedures for trial and other judicial proceedings

Answer 105

-A military tribunal covened by a commander of a military unit to try a person subject to the Uniform Code of Military Justice who is accused of violating a provision of that code

Answer 106

-A code of laws enacted by Congress that governs military service personnel and defines the procedural and evidentiary requirements in military law and the substantive criminal offenses and punishments

Answer 107

-The court (formerly known as the Court of Military Appeals), consisting of five civilian judges, reviews sentences affecting a general or flag officer or imposing the death penalty and ceases certified for review by the judge advocate general of a branch of service. ~May grant review of convictions and sentences on petitions by service members

Answer 108

-Courts that conduct trials in felony and major misdemeanor cases. ~Also refers to courts that have jurisdiction to hear civil as well as criminal cases

Answer 109

-Courts that handle pretrial matters and conduct trials in minor misdemeanor casees

Answer 110

-The highest appellate court of a state

Answer 111

-Judicial tribunals having jurisdiction over minors defined as juveniles who are alleged to be status offenders or to have committed acts of delinquency

Answer 112

-Actions of a juvenile in violation of the criminal law

Answer 113

-Noncriminal conduct on the part of juveniles that may subject them to the authority of a juvenile court

Answer 114

-"The parent of the country" ~Refers to the role of the state as the guardian of minors, mentally ill individuals, and other legally disabled persons

Answer 115

-The system of prisons, jails, and other penal and correctional institutions

Answer 116

-Criminal penalties that shock the moral conscience of the community ~Torture and other extreme forms of corporal punishment -Prohibited by the Eighth Amendment to the US Constitution

Answer 117

-A synonym for prison ~A place for doing penance

Answer 118

-Capital punishment ~A sentence of death for the commission of a crime

Answer 119

-Sums of money that offenders are required to pay as punishment for the commission of crimes

Answer 120

-Imprisonment

Answer 121

-Conditional release of a convicted criminal in lieu of incarceration

Answer 122

-A sentence or condition of probation requiring that the criminal perform some specific service to the community for some specified period of time

Answer 123

-Division of authority between states and the federal government -National government enforces federal laws -States can make their own laws ~Cannot conflict with federal laws -Federal and state governments have legislatures, law enforcement agencies, prosecutors, defense attorneys, courts of law, and corrections -Federal and state governments are limited by the US Constitution

Answer 124

-Primary responsibility is to enact laws -There are 51 legislatures ~Federal government ~50 States -Statutes ~Generally applicable laws *Federal laws prevail if there is a conflict -Enumerated Powers ~Specifically mentioned in the US Constitution -Implied Powers ~Powers deemed to be necessary and proper

Answer 125

-Legislature must be democratically elected ~Most fundamental element of a "republican form of government" -Resemble US Congress ~ Representatives are chosen by citizens ~Bicameral (two-houses) institutions *Exception: **Nebraska is unicameral -Session Laws ~Statutes are published in session laws ~States codified common law by enacting statutes

Answer 126

-Rules developed by courts to determine the meaning of legislative acts -Pain meaning rule ~Court must apply rule as written *No interpretation -Canons of construction ~Rules governing judicial interpretation -Legislative intent ~Purpose of the law -Void for vagueness -Implied exception

Answer 127

-Charged with enforcing the law -Power to investigate, arrest, and detain arrested persons -Historical development ~Based on English policing system ~Local constables and county sheriffs ~Peel Model *Professionalization *Nine Principles ~Industrial revolution *Technological advances ~1930s motorcycles and patrol cars

Answer 128

-Nearly 20,000 federal, state, and local agencies with nearly 800,000 sworn officers -National level ~Federal Bureau of Investigation ~Department of Justice *US Marshals Service ~Special Agents *FBI ~Cybersecurity *Protect computers and computer networks

Answer 129

-The FBI and the US Marshal's serve different purposes and work on different tasks ~The FIB investigates federal crimes, counter-terrorism, etc. ~The US Marshals Service is responsible for fugitive cases, court security, and transportation of prisoners and is the enforcement arm of the courts -They also work cooperatively. Research at least one instance in which the combined efforts of the FBI and US Marshals successfully solved a crime problem. Share with your classmates and discuss how the cooperation improved the chances of bringing charges against the offenders.

Answer 130

-Law enforcement agencies that patrol the highways investigate crimes and furnish skilled technical support to local agencies -Sheriff ~Usually elected and funded by local government -Police Department Tasks ~Law enforcement ~Support for prosecutors ~Order maintenance

Answer 131

-Prosecutor (Gatekeeper) ~Empowered to initiate criminal charges and conduct prosecutions ~Determines whether to bring changes ~Determines what charges to file ~Set the tone for plea bargaining

Answer 132

-Federal Prosecutors ~Attorney General ~Prosecute crimes within a particular federal district ~Appointed by the president with the consent of the Senate -State and Local Prosecutors ~State attorney ~Prosecute crimes at the local level ~Typically elected

Answer 133

-Prosecutors at the state and local level are typically elected and therefore sensitive to community norms and expectations of their electorate ~Demand to be tough on crime -Discretion in who to charge with a crime ~Discretion to not proceed with a case (nolle prosequi) -Discretion in what charges to file

Answer 134

-The problems with wide prosecutorial discretion are apparent on a daily basis, but some cases are especially noteworthy -During the 1980s, the prosecutor ED Jagels of Kern County prosecuted and convicted more than 36 people for child molestation charges. They all lived in the same community. Using his unbridled discretion, he charged the defendants with numerous courts of child molestation, and they spent many years in prison -Eventually, 34 convictions were overturned on appeal, and some of the innocent persons received compensation for wrongful convictions. Two defendants died before the appeals hearings started. Ed Jagels remained in office until 2009 -How can the unbridled discretion of the prosecutor lead to

Answer 135

-Sixth Amendment guarantees the right to an attorney -high profile lawyers v. public defenders -Representation of indigent defendants ~Gideon v. Wainwright (1963) ~Arsinger v. Hamlin (1972) *Court-appointed attorneys for misdemeanors ~Counsel *Some states appoint lawyers from the private bar *Most states have public defender officers ~Captial cases were only allowed to have an appointed attorney *However, it changed when Powel v. Alabama **All serious cases

Answer 136

-The US Supreme Court reversed the conviction of Clearance Gideon because he did not have an attorney to represent him ~Hugo Black wrote the majority opinion *"The right of one charged with a crime to counsel may not be deemed fundamental and essential to fair trials in some countries, but it is on ours." ~Established the right to counsel regardless of the ability to pay

Answer 137

-Is charged with zealously representing his or her client -Must ensure that the clients constitutional rights are protected -Must evaluate courses of action ~Plea bargain v. going to trial *Gauge the strength of the prosecutors case *Advise client on the feasibility of a plea *Seek a fair sentence **Not violating the 8th amendment *File motions if applicable

Answer 138

-Group of citizens convened for the purpose of deciding factual questions relevant to a civil or criminal case -Stems from the English common law -Juries her evidence -Secide over guilt and innocence -Decide on punishment ~Criminal *Death penalty or life sentence ~Civil *Monetary compensation

Answer 139

-Grand Jury ~Detemine whether there is sufficient evidence to warrant prosecution ~16-23 jurors for federal grand juries ~True bill *Indictment ~No bill *No indictment ~Prosecutor can only move forward if they receive a true bill ~Most states require a majority vote -Trial Jury (petit jury) ~Detemine guilt and innocence as well as punishment ~6-12 jurors ~Impartiality requirement ~Right to trial by jury does not pertain to juvenile delinquents

Answer 140

-Courts are the centerpieces of the federal and state criminal justice systems -Determine factual basis and legal sufficiency of criminal charges -Ensure due process of law -Trial courts ~Original jurisdiction for trials ~Pretrail and posttrial proceedings -Appellate courts ~Hear appeals from the decisions of the trial court

Answer 141

-United States District Courts ~Principle trial courts in the federal judicial system ~Judge is appointed for life ~Most cases are civil cases -The United States Courts of Appeals ~The twelve appellate courts sit in specific geographic regions ~Panel of judges, appointed for life, hear appeals -United States Supreme Court ~Highest authority ~Nine justices appointed for life ~Heard 83 cases in 2011 -US Supreme Court ~A pellet level (intermittent court) *Trial Court **13 circuits 12 districts and 1 in DC -States ~A pellet level (intermittent courts) *Trial courts ** Some states will have more than one federal district court due the population levels ***Approximately 90+ federal district court

Answer 142

-Responsible for adjudication of crimes committed by persons in military service -Court-martial ~Military tribunal convened by a commander of a military unit -Uniform Code of Military Justice (UCMJ) ~Gives court-martial jurisdiction to try all offenses under the code committed by military personnel -Callahan v. Parker (1969) ~Greatly narrowed military jurisdiction to service-connected offenses ~Overruled in Solorio v. United States (1987)

Answer 143

-The US Supreme Court held that courts-martial may try all offenses committed by service members -Solorio was convicted of sexually abusing children in his private residence ~Because the charges were not "service-connected," the trial judge dismissed the charges ~Decision was overturned *Offenses do not have to be service-connected

Answer 144

-Three Classes ~Summary *One military officer with jurisdiction to impose minor punishments ~Special *Three or more members with ot without a military judge ~OR military judge alone (if requested by the accused) -General ~Tries the most serious cases ~Five or more members and a military judge -Appeals are heard by the United States Court of Appeals for the Armed Forces

Answer 145

-The US Supreme Court held that detainees held at Guantanamo Bay could not be tried before a military commission because it violates international law -Handan was held at Guantanamo Bay for conspiracy to commit terrorism -The COurt suggested that it was up to the legislature to make laws that would allow for a trial before a military commission

Answer 146

-Military Courts ~For military personnel only ~Public access to documents and evidence is restricted ~Prosecutors may only speak to the press if they have permission from the judge ~Lenghts of waiting time to trail is shorter than for civilian trials ~There are no mandatory ~Equivalent of the grand jury indictment is the Article 32 hearing *Defense can present evidence -Civil Courts ~All civilians ~All documents and evidence are fully disclosed to the public ~Prosecutors may speak to the press without permission of the judge ~Sentences are often harsher due to mandatory sentencing ~Grand jury issues indictment *Defense may not present evidence

Answer 147

-Each state have its own independent judicial system -All states have one or more levels of trial courts and at least one appellate courts -Types of courts ~Courts of general jurisdiction ~Courts of limited jurisdiction ~State supreme court ~Juvenile courts

Answer 148

-Trial Courts ~Usually sits in a county courthouse ~Surrounded by considerable daily activity with juries, testimony, and attorney ~High visibility ~Daily interaction between court personnel and citizens of the community ~Media presence ~One judge -Appellate Courts ~Usually sits in the state capitol building ~"Invisible courts" ~Public hearings are limited to hearing legal arguments by attorneys ~Proceedings consist mainly of review records from the lower courts or administrative agencies ~Panel of judges ~Review of the records to look for errors that happened in the trial courts

Answer 149

-Specialized institutions ~Courts ~Law enforcement agencies ~Social service agencies -Jurisdiction over ~Juvenile delinquency *If an adult committed the same crime would be put in prison ~Status offenders *Crimes due to the age it was committed ~Children who are neglected or abused -Treated similarly to civil court systems ~Close to the adult level within the state, they will be treated as adults, or if the crime is severe, they will be tried as adults ~Rehabilitation is the main focus of juvenile courts, thus why they use different terminology compared to adult court systems

Answer 150

-Emphasizes rehabilitation as opposed to retribution, incapacitation, or deterrence -Juveniles were often placed in reformatories for indeterminate periods -Juvenile courts are more similar to civil courts -Juvenile defendants do not have the right to a jury trial -Juvenile courts are not subject to the constitutional "public trial" requirement -Judges have great discreation

Answer 151

-Indictment by a grand jury or information ~Accusation of the commission of a crime -Arraignment ~Defedant enters a plea *Guilty or not guilty -Criminal trail ~Only if the defendant pleads not guilty ~Trial is governed by rules of procedure and rules of evidence -Sieve Effect ~Attrition of cases

Answer 152

-The US Supreme Court held that juvenile proceedings must follow the rudiments of due process of law -Juveniles now have the right to counsel, to cross-examine witnesses, to confront their accuser, and to be informed of the charges -Juveniles also have protection against self-incrimination

Answer 153

-System of prisons. jails, and other correctional institutions -Objective is to provide punishment and rehabilitation -Structure ~One federal and 50 state corrections system -Developments ~From corporal punishment to incarceration ~Punishment is limited by the Eighth Amendment and the Due Process Clauses of the Fifth and Fourteenth Amendment

Answer 154

-Public continues to harsh punishment -Overcrowding -Cruel and unusual punishment and the death penalty -Conflict of correctional goals ~Incapacitation and retribution versus rehabilitation

Answer 155

-The power of courts to strike down legislation and other governmental actions determined to be unconstitutional

Answer 156

-Refers to a law that is unconstitutional on its face, meaning that it is invalid under any given circumstances

Answer 157

-Refers to a declaration by a court of law that a statute is invalid insofar as it is enforced in some particular context

Answer 158

-The power of government to enact legislation to protect the public health, safety, order, and wlfare

Answer 159

-Governmental powers explicitly granted by that government's constitution

Answer 160

-Governmental power not explicitly stated in that government's constitution but fairly implied by it

Answer 161

-Judicial doctrine interpreting the Necessary and Proper Clause of Article I Section 8 of the US Constitution to allow Congress to exercise powers that are plainly adapted to the goal of furthering one or more of Congress's enumerated power

Answer 162

-Economic activity between or among states or affecting more than one state

Answer 163

-The crime of making war against one's own government or giving aid and comfort to its enemies

Answer 164

-A legislative act imposing punishment without trial upon persons deemed guilty of treason or felonies ~Bills of attained are prohibited by the US Constitution

Answer 165

-A retroactive law that criminalizes an action that was legal at the time it was preformed or increases punishment for a crime act after it was committed

Answer 166

-The principle that there can be no crime or punishment in the absence of law

Answer 167

-Article I of the Bill of Rights, which recognizes the freedoms of religion, speech, press, and assembly, as well as the right to petition government for a redress of grievances

Answer 168

-Amendment to the US Constitution ratified after the Civil War in 1868 -Prohibits states from denying due process and equal protection of the law to persons within their jurisdictions and provides Congress legislative power to enforce these prohibitions

Answer 169

-The clause of the Fifth Amendment to the US Constitution that prohibits the federal government from depriving people within its jurisdiction of life, liberty, or property without due process ~A similar provision in the Fourteenth Amendment imposes the same prohibition on state government

Answer 170

-In constitutional law, the docterine that the First Amendment does not protect those forms of expression that pose a "clear and present danger" of bringing about some substantive evil that government has a right to prevent

Answer 171

-Unlawful conduct that is about to take place and that is inevitable unless there is intervention by authorities

Answer 172

-The right of the individual to express thoughts and feelings through speech, writing, and other media of expression ~Protection by the First Amendment to the US Constitution

Answer 173

Expression by displaying symbols, making gestures, and so forth

Answer 174

-Utterances that are inherently likely to provok a violent response from an individual or group to which they are directed

Answer 175

-Offensive speech directed at members of racial, religious, sexual, or ethnic minorities

Answer 176

-Explicit sexual material that is patently offensive, appeals to a prurient or unnatural interest in sex, and lacks serious scientific, artistic, or literary content

Answer 177

-A public space generally acknowledged as appropriate for public assemblies or expression of views

Answer 178

-Government limitations on the time, place, and manner of expressive activities in the public forum

Answer 179

-The First Amendment right to the free exercise of one's religion without undue interference by government

Answer 180

-Right to possess certain weapons ~Protected against governmental infringement by the Second Amendment to the US Constitution

Answer 181

-Doctrine of constitutional law holding unconstitutional legislation that fails to clearly inform the person of what is required or proscribed ~As a violation of due process

Answer 182

-Doctrine enabling a person to make a facial challenge to a law on the ground that the law might be applied in the future against activities protected by the First Amendment

Answer 183

-Criminal penalties that shock the moral conscience of the community ~Tortue and other extreme forms of corporal punishment *Prohibited by the Eighth Amendment to the US Constitution

Answer 184

-Implied constitutional right allowing individuals to be free of government interference in intimate activities, especially those involving sex and reproduction

Answer 185

-The right of a patient or a patient's surrogate, in some instances, to refuse to allow doctors to administer medical treatment

Answer 186

-The asserted right to terminate one's own life under certain circumstances ~Also refers to the termination of extraordinary means of life support

Answer 187

-Constitutional principle enshrined in the Fourteenth Amendment by which law is supposed to apply equally to all persons without regard to race and other irrelevant characteristics

Answer 188

-The judicial requirement that legislation must be rationally related to a legitimate government objective in order to survive constitutional challenge

Answer 189

-Those constitutional rights that have been declared to be fundamental by the courts ~Include First Amendment freedoms, the right to vote, and the right to privacy

Answer 190

-Judicial review of government action or policy in which the ordinary presumption of constitutionality is reversed

Answer 191

-A government interest sufficiently strong that it overrides the fundamental rights of persons adversely affected by government action or policy

Answer 192

-Purpose is to limit the power of the government and impose constitutional limitations -Courts have the power to strike down legislation and other government actions determined to be unconstitutional ~1803 Marburg v. Madison ~Applies to all state and federal courts -Unconstitutional per see versus unconstitutional as applied

Answer 193

-Legislation enacts laws -Police power of government ~Power to enact legislation to protect the public health, safety, order, and welfare -US Congress does not possess plenary legislative authority ~Except over DC and federal territories -Enumerated powers of Congress -Implied powers

Answer 194

-Interstate commerce ~Economic activities between or among states of affecting more than one state -Congress has relied on the Commerce Clause to enact criminal law ~Congress cannot prohibit prostitution pre see, but it is a crime to transport persons across state lines for immoral reasons -Congress has broadened its authority to enact criminal laws by stretching the concept of interstate commerce

Answer 195

-Treason involves betrayal of one's country -A most heinous crime under common law ~Often abused to punish political dissenters -The US Constitution sought to limit the power of the government to use treason as a tool to punish political dissenters -A person can only be punished for treason if they acted to levy war against the US or in adhering to enemies of the US ~Two witnesses need to observe the criminal activity of Treason *Confession if there are not two witnesses

Answer 196

-Bill of attainder ~Legislative act imposing punishment without trial on a persons or group of individuals -Ex post facto laws ~A law passed after the act *Violated the principle of legality -Both are prohibited by the constitution ~US v. Lovett (1946) ~Calder v. Bull (1998)

Answer 197

-The US Supreme Court reversed conviction of Scott Carmell for sexual assault on his stepdaughter ~At the time of the sexual acts (1991 and 1992) the state of Texas has a law that stated that a defendant could not be convicted merely based on the testimony of the victim unless she was under 14 ~Carmell had been convicted under an amendment to an existing law ~The amendment was ruled to be an ex post facto law

Answer 198

-First Amendment ~Freedom of religion, speech, press, and assembly -Second Amendment ~Right to keep and bear arms -Fifth Amendment ~Right against self=incrimination -Eights Amendment ~Cruel and unusual punishment -Ninth Amendment ~Rights retained by people

Answer 199

-Fourteenth Amendment ~1868 *Providing a justification for extending the scope of the Bill of Rights to apply against the states -Due Process Clause ~Doctrine of incorporation of procedural protection *Wolf v. Colorado (1949)

Answer 200

-The US Supreme Court struck down a state law that prohibits door-to-door solicitation for any religious or charitable cause without prior approval of a state agency ~Cantwell and his sons, members of Johovah's witnesses, were stopping people to communicate their religious message ~They were convicted for failure to obtain approval for their activity ~The court found this breach-of-peace conviction to be in violation of the First Amendment

Answer 201

-Freedom of speech and press -Not all speech is protected, however ~Lewd, obscene, libelous, profane, insulting, or "fighting" speech -Clear and present danger doctrine ~Herndon v. Lowry (1937) -Imminent lawless action ~Brandenburg v. Ohio (1969)

Answer 202

-THE US Supreme Court upheld Schenck's conviction, saying that the first amendment does not protect speech that creates a "clear and present danger" ~Schenck had mailed 15,000 leaflets attacking American participation in the First World War

Answer 203

-The US Supreme Court reversed the conviction of Hess because the speech he gave did not constitute imminent lawless action ~Hess was convicted for yelling, "we'll take the fucking road street late" during an antiwar demonstration ~The Court determined that his speech was not directed toward a certain group or individuals

Answer 204

-Freedom of expression ~Broad concept embracing speech, publication, performances, and demonstrations -Symbolic Speech ~Including symbols -Flag Burning ~Burning of the American flag is protected by the First Amendment *US v. Eichman (1990)

Answer 205

-Public speech that threatens the public peace or order can be punished ~Catwell v. Connecticut (1940) ~Includes "fighting words" -Hate speech -Obscenity -Profanity

Answer 206

-The US Supreme Court reversed the conviction of Gregory Johnson for flag-burning ~Johnson had burned the flag outside the Republican National Convention in 1984 to convey an unpopular message ~The Court argued that he was not convicted for the flag burning but rather for the message he was conveying ~His message is protected under the First Amendment

Answer 207

-The US Supreme Court held that states may punish individuals for burning a cross with the intent to intimidate ~Black was a Ku Klux Klan member and burned a cross during a rally nearby a highway with the intent to intimidate a person or group of persons

Answer 208

-Right to peaceful assembly in public places ~Government may impose time, place, and manner regulations -Free exercise of religion ~Exception *The Government can prohibit religious practices that threaten public health and safety **The Tennessee Supreme Court upheld the validity of a statute making it a crime to handle poisonous snakes in religious ceremonies -Refusal of Medical Treatment ~Parents may refuse treatment for themselves but not for their children

Answer 209

-The Us Supreme Court upheld the right to peaceful assembly in a public forum ~US Supreme Court reversed a breach-of-the-peace conviction of 187 African American college students who had participated in a peaceful civil rights demonstration

Answer 210

-The US Supreme Court ruled that compulsory school attendance law as applied to the Amish violated the Free Exercise Clause

Answer 211

-The US Supreme Court rejected the claim that the ritualistic use of peyote was protected as a free exercise of religion ~Peyote is a hallucinogen used by Native Americans in their sacramental ceremonies ~The Court stated that religious beliefs do not excuse people from complying with neutral laws that apply to the everyone

Answer 212

-The US Supreme COurt upheld the right of the Church to make animal sacrifices as part of their religious ceremonies ~The city of Hialeah had imposed an ordinance on the Church *"Unnecessarily kill, torment, torture, or mutilate an animal in a public or private ritual or ceremony not for the primary purpose of food consumption" ~The court declared this ordinace unconstitutional because it violates the right practice religion

Answer 213

-Second Amendment -Conflict with "gun control laws" ~United States v. miller (1939) *Many state courts give wide latitude to state and local gun control laws **Opponents claim these laws violate the Second Amendment

Answer 214

-The US Supreme Court held that the District of Columbia ban on handguns is unconstitutional under the Second Amendment ~Heller had applied for a handgun for private use and was denied his request by the Federal Judicial Center, which cited the strict gun control ordinances in the district

Answer 215

-Proponents ~Jim Brady, the former press secretary of Ronald Regan was shot in the head by John Hinckley and remains paralyzed for life ~Hinckley had a criminal history ~Brady Act now requires background checks before someone can purchase a gun -Opponents ~Argue that the Brady Act is unconstitutional because its provision requiring local law enforcement officers to conduct background check was a violation of the 10th Amendment ~US Supreme Court agreed but upheld the Brady statute overall

Answer 216

-Fifth Amendment ~"No person shall be deprived of life, liberty or property without due process of law" *Fair notice and fair hearing -Vagueness doctrine ~Limit discretion of police and prosecutors -Doctrine of overbreadth ~Prohibitslaws that are written so broadly that they potentially infringe First Amendment rights

Answer 217

-The US Supreme COurt held an ordinance as unconstitutional that stated "it is a crime for three or more persons to assemble... on any of the sidewalks... and there conduct themselves in a manner annoying to persons passing by"

Answer 218

-Fifth Amendment ~"No person shall be compelled in any criminal case to be a witness against himself" *Right not to testify in trial *Right to remain silent *Limits the degree to which legislatures can write statutes that require persons to report information to the government that can place them in jeopardy of criminal prosecution

Answer 219

-The US Supreme Court reverses the conviction of Leary by stating the Marijuana Tax Act violated his Fifth Amendment right against self-incrimination ~The Court stated that the Marijuana Tax Act effectively required Leary to identify himself as a criminal, since possession of marijuana was unlawful in every state at the time

Answer 220

-Eighth Amendment applies to both the procedure and substance of a law -Often applicable to challenges to the death -Can also be employed to limit the death penalty -Can also be employed to limit the definitions of crimes ~Robinson v. California (1962) *Court struck down a law that made it a crime to be addicted to narcotics

Answer 221

-The COurt held in Roper v. Simmons (2005) that the execution of juvenile offenders constitutes cruel and unusual punishment -Scalia and Thomas, two of the dissenting justices argued that the Court should not legislate from the bench -Discuss the division of power and the purpose of the COurt and the legsilation

Answer 222

-The sphere of intimate personal conduct is immune from legislation interference -Relies in part on the Ninth Amendment ~"The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people." *Griswold case

Answer 223

-THe US Supreme Court struck down the Connecticut birth control law by stating that it violated the constitutional guarantee of marital privacy ~Estelle Griswold was convicted for aiding and abettign person in using contraceptive devices

Answer 224

-The US Supreme Court held that a person could not be punished for providing contraceptives per see ~William Baird was convicted for providing contraceptive foam to a female student ~This ruling extended the Griswold ruling to unmarried persons

Answer 225

-Women's right to terminate her pregnancy ~Roe v. Wade (1973) -Pro-life v. Pro-choice -Freedom of Access to Clinic Entrances (1994) ~Seeks to protect those who seek or preform abortions

Answer 226

-The US Supreme Court upheld the right of women to terminate a pregnancy ~Jane Roe challenged the statute of Texas stating that abortion was illegal ~The court also held that a pregnancy may not be terminated after "viability." the point at which the fetus is capable of surviving outside the other's womb *Exception **Cases where the mother's life is endangered

Answer 227

-Pro Choice ~Rightof women to choose whether they wish to bring a fetus to term ~A fetus is not a person until it is "viable" and has no constitutional rights -Pro-Life ~Right of the unborn child to be born ~A fetus has constitutional rights -Discuss the Jenny McCormack case and how it challenges Roe v. Wade

Answer 228

-Question about sexual morals -Prior to 1960, the government determined and enforced sexual morals -After Roe v. Wade and Griswold v. Connecticut, privacy rights increased -Provided the prerequisites for the gay, lesbian, and bisexual activities movement ~It was not until 2003 that the US Supreme Court recognized their privacy right to sexual conduct in Lawrence v. Texas

Answer 229

-The US Supreme Court held that the government may not criminalize adult sexual conduct -The state of Texas had convicted Lawrence and another man for homosexual conduct ~In Lawrence, the US Supreme COurt reversed it's own decision from 1986, Bowers v. Hardwick, in which they had confirmed the right of the government to criminalize certain sexual conduct ~Justices cited the Equal Protection Clause of the Fourteenth Amendment

Answer 230

-Sarah Quinlan Case ~Right to decline medical treatment under certain circumstances ~Under certain circumstances, the family has the power to decide for a comatose patient -Right to die ~Teminally ill persons -Equal protection of the Law ~Fourteenth Amendment

Answer 231

-Fourteenth Amendment ~The law applies equally to all person -Fifth Amendment ~Due Process of Law -Boling v. Sharpe (1954) -Eisenstadt v. Baird (1976) -Loving v. Virginia (1967)

Answer 232

-The Us Supreme Court held no state may restrict the freedom to marry because of racial classification -The state of Virginia had convicted the Lovings because they were of different races ~At the time Virginia had a law forbidding interracial marriage ~The court concluded that this law violated the equal protection clause

Answer 233

-Rational basis test ~The judicial requirement that legislation must be rationally related to a legitimate government objective -Strict Judicial Scrutiny ~Applies to fundamental rights, such as the First Amendment -Compelling government Interest ~Government must prove that the government interest is strong enough to override fundamental right

Answer 234

-The highest court of each state possesses the authority to interpret with finality its state constitution and statutes -Michigan v. Long (1983) ~Invited the state courts to consider the parallel provisions of their state constitution independently *Flordia decided in 1989 that a law that sought an abortion was unconstitutional because it violated the right to privacy

Answer 235

-Parties whose conduct involves direct participation in a crime

Answer 236

-Persons who aid or assist others in commission of an offense

Answer 237

-Persons who, with knowledge that a crime has been committed, conceal or protect the offender

Answer 238

-The failure to perform an act required by law

Answer 239

-A ministerial act performed by executive officers in carrying out a duty assigned by law

Answer 240

-The actual or constructive control or occupancy of real or personal property

Answer 241

-Possession of something with the possessor having immediate control

Answer 242

-Being in the position effectively to control something, even if it is not actually in one's possession

Answer 243

-One's condition or situation

Answer 244

-A person's conscious reason for acting ~What someone seeks to accomplish by engaging in particular conduct

Answer 245

-The state of mind to do something prohibited by law without necessarily intending to accomplish the harm that results from the illegal act

Answer 246

-Statues defining crimes the require only general intent ~As distinct from specific intent *On the part of the violator

Answer 247

-The mental purpose to accomplish a particular thing prohibited by law ~Such as the death of another preson

Answer 248

-A statute defining criminal conduct in which the offender must harbor a specific intent to accomplish a prohibited result

Answer 249

-Criminal intent inferred by law as a result of circumstances surrounding a party's actions

Answer 250

-Doctrine originating in common law under which an actor's criminal intent associated with an act against an intended victim in transferred to an unintended victim who suffers the consequences of the defendant's act

Answer 251

-The linkage between cause and effect ~X can be said to cause Y if X precedes Y and Y could not have occurred in the absence of X

Answer 252

-The cause that is nearest to a given effect in a causal relationship

Answer 253

-Persons who voluntarily unite with others in the commission of an offense

Answer 254

-Assisting in or otherwise facilitating the commission of a crime

Answer 255

-Elements of a Crime ~Actus reus *Wrongful Act ~Mens rea ~Criminal intent -Prosecutor must prove either commission on an unlawful act or omission of an act -Strict liability crimes ~"Public welfare offenses"

Answer 256

-"The act of the criminal" -Requirements ~The actor must willfully commit a proscribed physical act *Robbery ~Intentionally fail to act when the law requires a person to act *Negligence or failure to provide medical treatment

Answer 257

-Possession can be a wrongful act ~Carrying a concealed weapon ~Possession of illegal drugs -Actual possession ~Possessor has immediate control -Constructive Possession ~The power and intention to control something either directly or through another person

Answer 258

-Status: One's Condition or situation ~Public intoxication -US Supreme Court struck down a California law that made it a crime to be addicted to narcotics -US Supreme Court upheld a law making it a crime to be in a public place while intoxicated *Powell v. Texas (1968)

Answer 259

-California implemented a new statute that made it a misdemeanor to be addicted to narcotics ~The US Supreme Court struck down the new law as a violation of the Eighth and Fourteenth Amendment ~The Justice stated that the new statute was cruel and unusual punishment ~They compared it to being punished for "having a common cold"

Answer 260

-The US Supreme Court upheld the conviction of Powell for public intoxication ~Powell was a chronic alcoholic and argued that it was cruel and unusual punishment to be convicted for being a chronic alcoholic ~Cheif Justice Marshall argued that Powell was not being punished for being an alcoholic, but for being in a public place while intoxicated

Answer 261

-The criminal intent or guilty mind ~Exception: Strict liability crimes do not require mens rea -Mens rea is different from the motive of the crime ~Prosecution must prove criminal intent, but not necessarily a motive ~A motive is a person reason for acting or omitting to act -Concurrence of act and intent ~Can be simultaneously, but not necessary

Answer 262

-During 2005 and 2006 the US Congress eroded the men's rea requirement by proposing that 446 non-violent offenses are exempt from requiring intent -Stated differently, for these crimes the prosecutor must not prove men's rea to meet the standard of a "crime" -Debate the issue of exemption of offenses from the men's rea requirement -What may be the consequences for offenders and their civil liberties?

Answer 263

-General intent ~Willfully and unlawfully -Specific intent ~Mental purpose to accomplish a particular thing prohibited by law *To willfully and with intent injure a person -Specific intent statute ~A statute defining criminal conduct in which the defendant must harbor a specific intent to accomplish a prohibited result *Taking a vehicle to cause a persons' death -Constructive intent ~Substantial likelihood of an event occurring even if there was no specific intent

Answer 264

-Congress has not adopted the MPC, but the US Supreme Court alluded to its merits -MPC rejects the common law definition of intent -Determining factor is culpability -Culpability has four elements ~Intentionally ~Knowingly ~Recklessly ~Criminal negligence

Answer 265

-"Missed ami cases" -Applies to arson -Most cases involve homicide ~State v. Gardner (1964) *Offender missed the target but killed or injured a third person

Answer 266

-Offenses that do not require intent ~Many mala prohibita offenses *Sale of liquor, drugs, etc. ~"Regulatory" and "public welfare" types of offenses *FDA regulations ~Does not typically apply to common-law crimes, such as murder, robbery, etc. even if the statute does not specifically state the intent requirement -Criticisms ~Runs counter to the standards of criminal culpability ~Offenses should be classified as regulatory or administrative removing the "criminal" stigma

Answer 267

-Morissette was convicted of stealing spent bomb casings left on a piece of uninhabited land which the military had labeled as a bombing range ~In his trial, the Court had disallowed Morissette to argue that he did not intent to steal the casings and took them because he believed they had been abandoned ~The US Supreme Court overruled Morissette's conviction stating that the trial court erred in removing the element of intent from the crime

Answer 268

-The Food and Drug Administration has become more aggressive in prosecuting pharmaceutical-industry executives for crimes of others -The new initiative is concerned mostly with the "adulteration" or "misbranding" of drugs -Under the Food, Drug, and Cosmetic Act (FDCA), and the FDA can prosecute executives who had no intent and no knowledge about the misberanding or adulteration of one of their drugs ~The FAD argues that executives are liable for what happens to their products ~Critics state that a person should not be punished for something they had no knowledge of -Debate the pros and cons of the FDA strategy

Answer 269

-Causation means that there exists a linkage between cause and effect ~The gunshot caused the death of a person -Is also called "proximate cause" ~A cause that in a natural, continuous sequence, unbroken by any intervening causes, produces the consequences that occurs ~If there is an intervening cause, punishment will likely be different for the offender

Answer 270

-Cases ~Emma is raped and left to die in an uninhabited area by John. Emma manages to crawl to the next street and a truck driver picks her up and intends to drive her to the next hospital. The truck driver; however, causes an accident in which Emma dies -Explain whether this case meets the causation requirement. Are there intervening causes? -Who caused Emma's death? What should John and the truck driver be charged with, if at all?

Answer 271

-Principals ~Directly participated in the crime ~Different degrees of participation ~Principal in the second degree was not directly involved, but was someone who aided and abetted the crime -Accomplices ~Persons who give aid and comfort to principals

Answer 272

-One who procured or counseled another to commit a felony -Person was not actually or constructively present at the commission of the crime

Answer 273

-One who, with knowledge of the other's guilt, rendered assistance to a felon in an effort to hinder the felon's arrest or punishment

Answer 274

-Abolished both substantive and procedural distinctions between principals and accessories before the fact ~The modern law defines principal as "all persons concerned in the commission of a crime, whether it be felony or misdemeanor, and whether they directly commit the act constituting the offense, or aid and abet in its commission, or not being present, have advised and encouraged its commission" -Accessories after the fact still exist ~Some states exempt spouses and other classes of relatives

Answer 275

-An offense preparatory to committing a crime ~Inchoate offenses include attempt, conspiracy, and solicitation

Answer 276

-An intent to commit a crime coupled with an act taken toward committing the offense

Answer 277

-A visible act by an individual

Answer 278

-A significant movement toward completion of an intended result

Answer 279

-Actions taken in preparation to commit a crime

Answer 280

-A crime that is the object of an attempt, solicitation, or conspiracy

Answer 281

-A defense allowed in some jurisdictions when, although the defendant intended to commit a crime ~It was impossible to do so because the completed act is not a crime

Answer 282

-That which is in fact impossible to achieve ~Unlike legal impossibility, this is not defense to a charge of attempt

Answer 283

-The inchoate offense of requesting ot encouraging someone to engage in illegal conduct

Answer 284

-The inchoate offense of two or more persons agreeing or planning to commit a target crime

Answer 285

-Rule enunciated by the Supreme Court in Pinkerton v. United States (1946) holding that a member of a conspiracy is liable for all offenses committed on furtherance of the conspiracy

Answer 286

-Thie rule holds that two people cannot conspire to commit a crime such as adultery, incest, or bigamy inasmuch as these offenses necessarily require two participants ~They cannot be committed by one person acting alone

Answer 287

-Inchoate means "underdeveloped" or "unripened." -Definition ~An offense preparatory to committing another crime -Includes attempts, solicitation, and conspiracy ~Example Attempt *Attempted murder ~Example Solicitation *Solicitation of someone to commit a crime ~Example Conspiract *Conspiracy to sell contraband -Many of these offenses are classified as felonies -The purpose of this law is to allow police officers to apprehend dangerous persons who have not yet accomplished their criminal objective

Answer 288

-Most frequently charged of the inchoate offenses -An attempt means an effect to commit a crime ~Failure to accomplish what one intended to -Act Requirement ~The state must prove more than preparation ~Preparation is not the same as an attempt ~One must act and be "within dangerous proximity to success" *Lying to wait to commit the crime

Answer 289

-A crime that is the object of an attempt, solicitation, or conspiracy -Specific intent requirement is controversial ~In some states the prosecution must prove a specific intent to commit the intended offenses ~Other states do not require specific intent

Answer 290

-One of the main questions is whether a person has had sufficient part in the crime to be guilty of attempt -Main features of attempt are ~Did it go beyond preparation? ~Was there specific intent? -Case Scenario ~A drug dealer and an undercover police officer agree to meet up so that the police officer can buy heroin. The drug dealer tells him that he can deliver the heroin next week. The officer never actually intended to buy the heroin, An hour later the police enter the drug dealer's home and arrest him for attempted possession of heroin. The question is whether the drug dealer should be convicted

Answer 291

-Legal impossibility versus factual impossibility -Legal impossibility ~It was impossible to commit the crime because the completed act is not a crime *A man who assaults a mannequin dressed as a woman would not be guilty of attempted rape because it would be legally impossible -Factual impossibility ~State v. Mitchell (1902) *A man shop into a room where the intended victim typically sleeps, but the target was not there and the

Answer 292

-Definition ~Requesting or encouraging someone to engage in an illegal behavior -A person can be convicted of solicitation even if the illegal act was not committed -Solicitation may not be direct; it can be perpetrated through an intermediary -Solicitation is different from an attempt *Solicitation is complete when the request or enticement to complete the intended offense is made *It is not important whether the solicited agrees or the offense is carried out, or any steps are taken towards committing the crime

Answer 293

-Is solicitation more serious than attempt? ~No agreement across states ~Some states say it is not *Tennessee **"There is not the same degree of heinousness in solicitation as in attempts." ~Other states say it is *Connecticut **"The solicitation to another to commit a crime is as a rule far more dangerous to society than the attempt to commit the same crime." -If the crime solicited is committed or attempted by the solicited, then the offense of solicitation becomes a target crime

Answer 294

-Requires an enticement -Can result in a conspiracy

Answer 295

-Requires an agreement between two or more persons -It is unlawful agreement, and no overt act was required -The agreement is is the actus reus of the offense

Answer 296

-Modal Penal Code ~The complete and voluntary denunciation of the accused's criminal purpose is a defense -Not a defense is ~The fact that the solicitor countermands the solicitation ~The claim that it was impossible for the person solicited to commit the crime

Answer 297

-The main issue with regard to solicitation is whether the solicitor exerts power by manipulating the solicited to commit a crime -Case ~The Washington Snipers *The Washington Snipers, John Allen Muhammad (47) and Lee Boyd Malvo (17), killed 10 people during a three week period. Malvo claimed the Muhammad sexually abused him since he was 15 and brainwashed him. Muhammad was executed for his crime in 2009. Malvo received a sentence of life without parole *Malvo argues that his punishment is too harsh given the circumstances. Debate the question about solicitation, power, and punishment

Answer 298

-Several states require proof of an overt act to convict someone for conspiracy ~Texas, Federal law -Other states do not require such roof -Before one can determine whether a conspiracy was committed, it is necessary to examine the statute that defines conspiracy *The type of the offense or unlawful activity the statute proscribes *Whether it requires proof of an overt act in furtherance of the parties' agreement

Answer 299

-The US Supreme Court held that under the Hobbs Act (1951), conspiracy and the attempt of a crime or the commission of a crime are separate offenses ~Callanan was convicted of conspiracy to commit extortion and extortion. He appealed his conviction, arguing that the Hobbs Act did not intend to convict someone of both offenses ~The majority of justices disagreed, stating that "the danger that a conspiracy generates is not confined to the substantive offense that is the immediate aim of the enterprise."

Answer 300

-Most states have concentrated on prosecuting conspiracy to commit murder, robbery, kidnapping, arson, and perjury -More recently state and federal prosecutors have expanded prosecution for drug trafficking and other narcotics violations -Also, prosecution has been focusing on wire fraud, counterfeiting, copyright violations, customs violations, and laws governing interstate commerce

Answer 301

-Since 9/11 terrorism attacks, the states and the federal government have focused on terrorist activities inside and outside the US -On October 14, 2011, a jury in Flordia convicted three Muslim men *Ziyad Yaghi, Hysen Sherifi, and Omar Hassan) of conspiracy to commit terrorist acts. The prosecutor had argued that the three together with a fourth man (Daniel Boyd) had conducted training exercises, raised money, and bought weapons for themselves and others to carry out violent acts on behalf of a radical jihadist political agenda. -The defense argued the three men were not part of Boyd's plans and the government's case comes down to prosecuting Muslim men for debating controversial ideas within their religion and watching jihadist videos on their computers

Answer 302

-The actus reus is the unlawful agreement -Bannon v. US (1895) ~US Supreme Court *"An act committed by one of the conspirators applies to all present members of the conspiracy." ~State v. Dent (1994) *Washington State Supreme Court **"Substantial step means that the conspiracy is at work" -Participants in a conspiracy do not need to know or see one another as long as they otherwise participate in common deeds

Answer 303

-A member of a conspiracy is liable for all offenses committed in furtherance of the conspiracy -Conspirators are agents of one another and are bound by the acts of their coconspirators -Some courts disagree with the rule, however ~In People v. McGee (1979), the court rejected the Pinkerton rule, stating that "guilt is generally personal to the defendant."

Answer 304

-The US Supreme Court held that a member of a conspiracy is liable for all offenses committed in furtherance of the conspiracy ~Brothers Walter and Daniel Pinkerton were indicted for nine counts of tax evasion and one count of conspiracy to commit tax evasion ~Daniel was part of the conspiracy, but was not directly involved in any of the substantive offenses ~Despite the fact that Deniel did not participate in the substantive offenses, he was convicted of six substantive crimes

Answer 305

-This rule holds that two people cannot conspire to commit a crime such as adultery, incest, or bigamy inasmuch as these offenses necessarily require two participants; they cannot be committed by one person alone ~Two people cannot conspire to commit bigamy because these offenses require two people ~Offenses that fall under the Wharton rule do not typically endanger the public

Answer 306

-Some state statutes provide for a defense of withdrawal from renunciation of conspiracy ~Missouri *No one shall be convicted of conspiracy if he prevented the accomplishment of the objective -In states without a statutory authority, courts are reluctant to accept renunciation as a defense *The main argument is that even if the offender withdrawals, the conspiracy might proceed, and the objective may be accomplished -Entrapment may be a defense, but only if the police officer did not act in good faith or merely furnished an opportunity for the commission of a crime

Answer 307

-The killing of a human being

Answer 308

-As common law, the unlawful killing of one person by another with malica afroethought ~Premeditation

Answer 309

-The crime of unlawfully killing another person without malice

Answer 310

-The mental predetermination to commit an illegal act

Answer 311

-A violent and uncontrollable rage resulting from a provocation that would cause such a response by a reasonable person

Answer 312

-The intentional taking of a person's own life

Answer 313

-Deliberate decision or plan to commit a crime

Answer 314

-The intentional killing of a human without malice or premeditation and usually occurring during a sudden quarrel or in the heat of passion

Answer 315

-The unintentional killing of another person as the result of gross or wanton negligence

Answer 316

-Killing another in self-defense or defense of others when there is serious danger of death or great bodily harm to self or others or when authorized by law

Answer 317

-A death caused by accident or misfortune

Answer 318

-The commission of suicide with the aid of a physician

Answer 319

-Controversial "right" to terminate one's own life under certain circumstances

Answer 320

-Conduct that prompts another person to react through criminal conduct

Answer 321

-The highest degree of unlawful homicide ~Usually defined as "an unlawful act committed with the premeditated intent to take the life of a human"

Answer 322

-A homicide committed during the course of committing another felony other than murder ~Armer Robbery ~The felonious act substitutes for the malice aforethought ordinarily required in murder

Answer 323

-A killing perpetrated by any act imminently dangerous to another and evincing a depraved mind regardless of human life, although without any premeditated design to effect the death of any particular individuals

Answer 324

-A serious moral deficiency ~A high level of malice often linked to second-degree murder

Answer 325

-A homicide resulting from the unlawful and negligent operation of a motor vehicle

Answer 326

-"The body of the crime" ~The material thing upon which a crime has been committed

Answer 327

-The cause that is nearest to a given effect in a causal relationship

Answer 328

-The complete cessation of activity of the central nervous system

Answer 329

-A common-law rule that to convict a defendant of homicide ~Not more than a year and a day can intervene from the defendant's criminal act to the death of the victim

Answer 330

-The act of aiding or assisting a person to take his or her life ~An offense in some jurisdictions

Answer 331

-The intentional termination of a pregnancy

Answer 332

-That point in pregnancy at which the fetus is capable of prolonged life outside the mother's womb

Answer 333

A method of abortion in which the fetus is partially delivered before its life is terminated and it is removed from the mother's body

Answer 334

-Homicide is defined as the killing of a human being -At common law, criminal homicide embraced the crimes of muder and manslaughter -Under English common law, murder required malice aforethought -Manslaughter required no malice aforethought ~Voluntary manslaughter was a killing in the heat of passion ~Involuntary manslaughter is the unintentional killing of another person -Suicide was considered of offense against the crown

Answer 335

-Homicide is classified based on the degree of the offender's culpability -Most states have two degrees of murder -All states have manslaughter ~Some state have voluntary and involuntary manslaughter -Justifiable homicide ~Taking another'slife by authority of the law -Excusable homice ~When a actor is not guilty of criminal negligence

Answer 336

-Highest degree of unlawful homicide -"Willful, deliberate, and premeditated" -Malice ~Express malice *Deliberate intention ~Implied Malice *Lack of considerable provocation or other circumstance -True "intent to kill"

Answer 337

-The offender was engaged in the commission of a felony and a homicide occurred -The offender unintentionally killed a person -The felony murder rule is based on the theory that the required malice was carried over from the original felony -It is typically limited to felonies that include violence

Answer 338

-Lack of malice aforethought or premeditation -A killing perpetrated by any act imminently dangerous to another and evincing a depraved mind, regardless of human life ~Shooting a firearm into a crown or into an occupied home

Answer 339

-Voluntary ~The death of the victim occurs in a sudden quarrel or in the heat of passion ~Prosecutor must prove specific intent -Involuntary ~Death results from a lawful act ~Prosecution typically must prove criminal negligence -Not all states separate voluntary and involuntary manslaughter

Answer 340

-A doctor gives his patient who suffers from insomnia a small dose of propofol. Propofol is an intravenously administered hypnotic drug. It is typically used during general anesthesia and sedation. Once the patient falls asleep, he leaves her bedside for a few hours. After returning to the patient, the doctor discovers the patient is dead ~Scenario 1: *The doctor gives the propofol at a hospital with lifesaving equipment on hand ~Scenario 2: *The doctor gives the propofol at the house of the patient with no lifesaving equipment on hand -For the two scenarios, discuss which charges would be appropriate.

Answer 341

-Originally applied to automobiles, but in recent years also to boats and airplanes -Many states define vehicular homicide as a felony ~Florida *Florida has created a special charge for vehicular homicide to enable the prosecutor to secure conviction where the state is unable to meet the level of proof otherwise required in establishing manslaughter -Some states classify it a class A misdemeanor ~Kansas *Vehicular manslaughter is the unintentional killing of a person committed by the operation of an automobile, airplane, motor boat, or other motor vehicle

Answer 342

-Excusable ~When committed by accident or misfortune ~When committed doing any other lawful act by lawful means, with usual and ordinary caution ~No unlawful intent *Defending yourself -Justifiable ~Committed by public officers and those acting by their command in their aid and assistance *Police Officer

Answer 343

-Courts have been cautious not to allow criminal prosecutions where life-sustaining medical procedures have been discontinued in good faith based on competent medical advise and consent of a competent patient or patient's family -Jack Kevorkian, also called Dr. Death, assisted more than 130 people in their own suidice -He was convicted of second degree murder in 1999 -Debate the question whether his actions are excusable homicide under the statute described above

Answer 344

-The victim of the crime must have been alive ~Can be difficult in certain cases, such as when the offender shot a victim that had been shot before -Offender's actions must have caused the victims death ~Prosecutor must have independent evidence beyond a confession of the offender ~Includes acts of omission -In some jurisdictions the death of the victim must occur within a stated period of time

Answer 345

-In 2002 Lacy Peterson and her unborn son disappeared. Scott Peterson reported his wife missing on Christmas Eve and police searched the area without success -Eventually police suspected Scott Peterson had murdered his wife and unborn son, but there was no body. Lacy and her son had vanished -In April of 2003 the remains of the fetus washed ashore in the San Francisco Bay -The next day the torso and other body parts from Lacy also washed ashore -Without the bodies of Lacy and her unborn son the prosecution would not have been able to prosecute Scott Peterson

Answer 346

-The classic definition of death is "when the heart stops" -Due to modern medicine this definition has become obsolete and the new definition is "brain dead" -Time of death of the victim is a problem if the victim dose not die immediately and especially if the victim is in a coma for years ~The common law rule was one-year-and one-day ~Most states have abandoned this rule some have modified it *California has a limit of three years

Answer 347

-English common law defined the offense of suicide as the intentional taking of a person's life by self-destruction -Oregon's Death with Dignity Act ~Allows terminally ill people to obtain a lethal dose of medication with a doctor's prescription -The Michigan Experience ~Physicians may withhold medical treatment at the patient's request, but assisted suicide is a crime -The Washington Experience ~People have the right to terminate medical treatment, but assisted suicide is illegal

Answer 348

-THe US Supreme Court held that states may prohibit physician-assisted suicide and hold physicians criminally liable ~The court stated that the Constitution provides no general right to doctor-assisted suicide

Answer 349

-Pro Assisted Suicide ~It simply enables a person who has a rational capacity to make a choice and decide over their own life ~Population survey suggests that a small majority of Americans support doctor-assisted suicide for patients who are terminally ill and live in severe pain -Against Assisted Suicide ~The state has an interest in the preservation of life ~Some individuals may elect to die needlessly if they are misdiagnosed ~It devalues life

Answer 350

-The willful bringing about of a miscarriage of a pregnant woman -Under common law, abortion was a misdemeanor, if abortion was carried out before "quickening" which occurs typically between the 16th and 18th week -Most states abolished the quickening distinction and imposed harsher penalties in the late 19th century -During the 1960s and 1970s laws became more liberal

Answer 351

-Roe v. Wade established that abortion is legal until the fetus has reached the point of fetal viability -Fetal viability is the point at which the fetus is capable of prolonged life outside the mother's womb ~Before the first trimester, the pregnant woman's physician can make the medical judgment ~After the first trimester, the state may regulate abortion procedures ~After the point of fetal viability, abortion may be allowed if the life of the mother is in danger

Answer 352

-A method of abortion in which the fetus is partially delivered before its life is terminated -Several states implemented laws prohibiting partial-birth abortion, but they were usually held unconstitutional by the court ~The courts were mostly concerned that the laws had no exceptions for cases in which the mother's life is in danger ~Also, many see it as "Chipping away" on women's rights established in Roe v. Wade

Answer 353

-The US Supreme Court invalidated a law in Nebraska that prohibited partial-birth abortion ~Justice Breyer argued that Nebraska's law went well beyond the prohibition of late-term abortion ~The dissenting Justices stated that the rights of the women to have an abortion was not impacted and that this type of abortion was "so abhorrent as to be among the most serious of crimes against human life"

Answer 354

-Under common law, a child was not considered born until the umbilical cord had been severed -Keeler v. Supreme Court (1970) ~Court overturned a murder conviction where the defendant stomped on a pregnant woman's abdomen, thereby causing the death of the fetus -Subsequently, California changed the language of their statute: ~"The unlawful killing of a human being, or a fetus, with malice aforethought" -Some states limit the offense to fetuses that are viable or have at least passed the embryonic phase (7-8 weeks)